Related Links

More Information

Ernst: Stop Venice pollution? Not until condo approves

Venice wants to replace Flamingo Ditch with a filtering system meant to cut down on polluted water flowing into the Gulf, but a condo association won't grant the city the easement to install the system.

Published: Thursday, February 14, 2013 at 2:40 p.m.

Last Modified: Thursday, February 14, 2013 at 2:40 p.m.

In one of those classic cases that pit private property rights against the public health and welfare, a plan to keep fecal bacteria off Venice beaches has hit a snag.

A condo association won't grant the city a voluntary easement to install and maintain a filtering system that would stop the pollution.

The story started in 2011 when health officials, monitoring the Venice beaches, recorded high levels of enterococci, a bacteria found in human and animal waste.

They issued advisories, warning visitors not to swim because the bacteria can cause rashes, or more serious illness if swallowed.

DNA tests revealed that the enterococci most likely comes from rats living in the city's storm-water sewer system, which empties into the Gulf. In fact, Venice has a number of outfalls whose pipes disgorge storm water directly onto the beach sand.

Last year, newly hired city storm-water engineer James Clinch developed a plan to upgrade the outfalls with storage and filtration systems designed to remove most of the contaminants before they reach the Gulf water.

Some outfalls require more elaborate treatment than others. The Flamingo Ditch, in Golden Beach just north of Villas Drive, is one of them.

Clinch ranks Flamingo as No. 2 on the pollution list and has a $1.2 million improvement project ready to go. It would involve an underground vault, UV filters, and a pump that would carry treated storm water 300 yards offshore.

One problem: The Venice Villas Condominium Association, which owns half the property at the terminus of the ditch, has refused to grant an easement for construction or future maintenance.

Without the easement, the Florida Department of Environmental Protection will not issue a permit.

The city intended to start work this summer, and a delay could jeopardize a $600,000 grant from the Southwest Florida Water Management District.

The neighboring Island Shores condo association, which owns the other half of the property through which the Flamingo Ditch flows, has already granted free easement.

“We'd like to see this happen. This ditch is basically an open storm sewer with a pungent smell,” president Ken Gardstrom says.

He said his board also liked other elements of the project. The city intends to remove mucky sediment and invasive species, such as Brazilian pepper and duckweed. And, underground piping will replace eight-foot-tall, wooden structures that resemble cattle chutes. Those chutes not only look bad, but they have caused erosion of the beach in front of Venice Villas.

Attorney Blake Gaylor of Tampa says he hasn't had time to study the case, so he didn't want to comment on particulars. In general, though, any permanent encumbrance on a property affects its value, he says.

Add the smell of money to the pungency of the odors surrounding the Flamingo Ditch.

To be fair, however, unlike Island Shores, the Villas would be the site of staging for the construction, expected to last three months, and it would house the pump station, a 6-by-10-foot structure that would rise two to three feet above ground.

So the owners' hiring of an attorney may be no more than an attempt to make sure that their concerns are addressed adequately.

The city, of course, can force the issue by seizing the property through eminent domain. That strategy is double-edged, driving up costs through expert witnesses, depositions and attorney fees, which, according to Florida law, would be borne by the city.

No matter what happens, the $1.2 million price tag to protect this part of the Gulf is rising as you read these words.

<p>In one of those classic cases that pit private property rights against the public health and welfare, a plan to keep fecal bacteria off Venice beaches has hit a snag.</p><p>A condo association won't grant the city a voluntary easement to install and maintain a filtering system that would stop the pollution.</p><p>The story started in 2011 when health officials, monitoring the Venice beaches, recorded high levels of enterococci, a bacteria found in human and animal waste.</p><p>They issued advisories, warning visitors not to swim because the bacteria can cause rashes, or more serious illness if swallowed.</p><p>DNA tests revealed that the enterococci most likely comes from rats living in the city's storm-water sewer system, which empties into the Gulf. In fact, Venice has a number of outfalls whose pipes disgorge storm water directly onto the beach sand.</p><p>Last year, newly hired city storm-water engineer James Clinch developed a plan to upgrade the outfalls with storage and filtration systems designed to remove most of the contaminants before they reach the Gulf water.</p><p>Some outfalls require more elaborate treatment than others. The Flamingo Ditch, in Golden Beach just north of Villas Drive, is one of them.</p><p>Clinch ranks Flamingo as No. 2 on the pollution list and has a $1.2 million improvement project ready to go. It would involve an underground vault, UV filters, and a pump that would carry treated storm water 300 yards offshore.</p><p>One problem: The Venice Villas Condominium Association, which owns half the property at the terminus of the ditch, has refused to grant an easement for construction or future maintenance.</p><p>Without the easement, the Florida Department of Environmental Protection will not issue a permit.</p><p>The city intended to start work this summer, and a delay could jeopardize a $600,000 grant from the Southwest Florida Water Management District.</p><p>The neighboring Island Shores condo association, which owns the other half of the property through which the Flamingo Ditch flows, has already granted free easement.</p><p>“We'd like to see this happen. This ditch is basically an open storm sewer with a pungent smell,” president Ken Gardstrom says.</p><p>He said his board also liked other elements of the project. The city intends to remove mucky sediment and invasive species, such as Brazilian pepper and duckweed. And, underground piping will replace eight-foot-tall, wooden structures that resemble cattle chutes. Those chutes not only look bad, but they have caused erosion of the beach in front of Venice Villas.</p><p>So why the reluctance to extend an easement?</p><p>Villas condo president Mike Mueller, reached in Wisconsin, wouldn't say. He deferred to the association's newly hired lawyer (first red flag), who specializes in eminent domain (second red flag).</p><p>Attorney Blake Gaylor of Tampa says he hasn't had time to study the case, so he didn't want to comment on particulars. In general, though, any permanent encumbrance on a property affects its value, he says.</p><p>Add the smell of money to the pungency of the odors surrounding the Flamingo Ditch.</p><p>To be fair, however, unlike Island Shores, the Villas would be the site of staging for the construction, expected to last three months, and it would house the pump station, a 6-by-10-foot structure that would rise two to three feet above ground.</p><p>So the owners' hiring of an attorney may be no more than an attempt to make sure that their concerns are addressed adequately.</p><p>The city, of course, can force the issue by seizing the property through eminent domain. That strategy is double-edged, driving up costs through expert witnesses, depositions and attorney fees, which, according to Florida law, would be borne by the city.</p><p>No matter what happens, the $1.2 million price tag to protect this part of the Gulf is rising as you read these words.</p>